Moved by
Lord Ashton of Hyde
51: Schedule 1, page 117, line 35, at end insert—
“15A(1) This condition is met if—
(a) the processing is necessary for the purposes of—
(i) automatically renewing a pre-GDPR insurance contract, or
(ii) carrying out, or managing the expiry of, an insurance contract resulting from the automatic renewal of a pre-GDPR insurance contract,
(b) the controller has taken reasonable steps to obtain the data subject’s consent to the processing of personal data necessary for those purposes in accordance with sub-paragraph (2), and
(c) the controller is not aware of the data subject withholding such consent.
(2) The steps described in sub-paragraph (1)(b) must have been taken—
(a) in the case of a contract which automatically renews after a period of less than 10 months, on at least one automatic renewal of the contract in each period of 12 months that has ended since 25 May 2018;
(b) in any other case, each time the contract has automatically renewed since 25 May 2018.
(3) For the purposes of this paragraph, an insurance contract is automatically renewed if—
(a) a new insurance contract between the same parties is made without the insured person taking any steps, and
(b) the new contract provides cover which is the same as, or substantially similar to, the cover provided by the expired contract,
and references in this paragraph to the automatic renewal of a contract include both the first automatic renewal on the expiry of that contract and subsequent automatic renewal originating with that contract.
(4) For the purposes of sub-paragraph (3)(a), the new contract and the expired contract are to be treated as made with the same insurer if they are made with different insurers but arranged by the same intermediary.
(5) In this paragraph—
“insurance contract” means a contract of general insurance or long-term insurance;
“insurer” means a person carrying on business which consists of effecting or carrying out insurance contracts;
“pre-GDPR”, in relation to an insurance contract, means made before 25 May 2018.
(6) Terms used in the definition of “insurance contract” in sub-paragraph (5) and also in an order made under section 22 of the Financial Services and Markets Act 2000 (regulated activities) have the same meaning in that definition as they have in that order.”